Legal Opinion

Vansandt v. Hobbs

Missouri Court of Appeals

Decided June 4, 1900PublishedCited by 19 opinions

Appeal from tbe Cass Circuit Court.—Son. W. W. Wood, Judge. (1) The note was paid. Lionberger v. Kinealv, 13 Mo. App. 4; Shipp v. Stacker, 8 Mo. 145; Patrick v. Gaslight Co., 17 Mo. App. 462; Savings Ass’n v. Clayton, 6 Mo. App. 586, 587; Albers v. Bank, 85 Mo. 173; Boone on Banking, sec. 179. (2) After payment the note had no existence or value. Printing Co. v. Roeder, 44 Mo.

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Appeal from tbe Cass Circuit Court.—Son. W. W. Wood, Judge. (1) The note was paid. Lionberger v. Kinealv, 13 Mo. App. 4; Shipp v. Stacker, 8 Mo. 145; Patrick v. Gaslight Co., 17 Mo. App. 462; Savings Ass’n v. Clayton, 6 Mo. App. 586, 587; Albers v. Bank, 85 Mo. 173; Boone on Banking, sec. 179. (2) After payment the note had no existence or value. Printing Co. v. Roeder, 44 Mo. App. 328; Patrick v. Gaslight Co., supra; Bunn v. Lindsay, 95 Mo. 250; Riley v. Kershaw, 52 Mo. 226; Platt v. Potts, 11 Ired. L. (N. 0.) 266; s. c., 53 Am. Dec. 412; Grady v. O’Reilley, 116 Mo. 355. (3) Having no value…

1Opinion of the CourtEllison, J.

This is ah action of trover for the conversion of a note of $750. The judgment in the trial court was for plaintiff.

It appears that the note was given May 31, 1895, to the Bank of Archie by J, C. Twitehwell and J. N. Hardin for $750 borrowed money. Afterwards, on July 20, 1895, this defendant, who was president of the bank, gave his check to the bank for the amount of the note and interest and it was turned over to him by the bank cashier. At this time the bank was insolvent, the state bank examiner having examined into its condition on the nineteenth of July, defendant receiving notice on…

2Cases cited3 opinions

  1. Swope v. LeffingwellSupreme Court of Missouri · 1880
  2. Campbell v. AllenMissouri Court of Appeals · 1889
  3. Campbell Printing Press & Manufacturing Co. v. RoederMissouri Court of Appeals · 1891

3Cited by19 opinions

  1. Union National Bank v. LyonsSupreme Court of Missouri · 1909
  2. Roeder v. RobertsonSupreme Court of Missouri · 1907
  3. Kansas City Casualty Co. v. Westport Avenue BankMissouri Court of Appeals · 1915
  4. Powers v. WoolfolkMissouri Court of Appeals · 1908
  5. Briscol v. American Southern Trust Co.Supreme Court of Arkansas · 1928

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